Barber Claims First Amendment, Technical Reasons To Toss Trespass Conviction | Beaufort County Now | The four-year-old case of a high-profile, left-of-center N.C. political activist convicted of trespassing at the state Legislative Building now sits in the hands of the state’s second-highest court.

Coronavirus Disease 2019 (COVID-19)
Publisher's Note: This post appears here courtesy of the Carolina Journal. The author of this post is CJ Staff.

    The four-year-old case of a high-profile, left-of-center N.C. political activist convicted of trespassing at the state Legislative Building now sits in the hands of the state's second-highest court.

    The Rev. William Barber, leader of the national Poor People's Campaign and former president of the state NAACP, wants his conviction thrown out. It stemmed from a 2017 protest aimed at Republican legislative leaders.

    Barber's lawyer argued before the N.C. Court of Appeals Wednesday that the trespass charge violated Barber's First Amendment rights. Meanwhile, attorney Scott Holmes also contended that a technical violation should have prevented the case from reaching Superior Court in the first place.

    "What this court needs to do is direct the state courts on how to deal with trespass when it is a public forum" like the corridors of the General Assembly's buildings, Holmes said.

    Special state Deputy Attorney General Matthew Tulchin countered that Barber had been charged and convicted because of illegal conduct, not the speech linked to his First Amendment rights. The state also downplayed Holmes' technical argument.

    "This case is just not about the First Amendment," Tulchin said. "It is about a defendant who, along with approximately 50 other people, gathered in the hallways outside the legislative leaders' offices and impeded people's entering and exiting, and impeded the flow and staff who were trying to walk in those hallways."

    "They also created a huge disturbance," he said, going on to describe the noise linked to yelling and call-and-response chants led by Barber.

    Judges Chris Dillon, Lucy Inman, and Jeff Carpenter peppered both lawyers with questions. Some dealt with the details of a trespass charge. Others focused on a protester's right to remain in a public place after authorities have asked them to leave.

    Multiple questions focused on whether Barber's case should have gone to Superior Court without an indictment. Prosecutors never acted on their initial May 2018 indictment of the activist. They proceeded instead with a misdemeanor statement of charges issued three weeks later. Holmes challenged that process.

    There's no timeline for a decision in the case. Barber's original sentence for his 2019 trespass conviction was a $250 fine, court costs, one day in jail suspended for 12 months, two months of unsupervised probation, and 24 hours of community service.
Go Back


( August 25th, 2021 @ 4:51 pm )
Abject stupidity will not save America's First Idiot President from his blatant divergence from his oath to enforce the laws of this land.

N.C. ABC, Contractor Approve Moves to Decrease Some Warehouse Costs Carolina Journal, Editorials, Op-Ed & Politics State Auditor Uncovers Poor Record Keeping in Town of Plymouth


Latest Op-Ed & Politics

President Joe Biden does not support efforts by some Democrats to expand the number of justices on the Supreme Court, the White House announced on Saturday.
Gov. Roy Cooper's nominee for state controller refused to answer "yes" or "no" to three questions about forced money transfers tied to the Leandro education funding case.
What’s happening in Great Britain is the harsh reality of when sheltered, effete leaders playing to sheltered, effete ideologues, media, and lobbyists think that they can “transition” the market from people-favored — but politician-unfavored — market choices.
Vladimir Putin has brought a mothballed general out of retirement, and he is a real heavyweight.
Mike Lindell has done it again. This time the inventor of the enormously popular MyPillow is expanding his market to never before reached groups.
High-level hire at the Department of Energy’s Office of Nuclear Energy
A former host at CNN who worked with recently-fired host Chris Cuomo spoke out about the firing that took place over the weekend, saying that the network needed to hire a woman to fill the spot.
A proposed constitutional amendment would make N.C. Board of Education members elected rather than appointed.
The U.S. Supreme Court has overturned the monumental Roe v. Wade case that legalized abortion across the America.


After hearing the cries of his freedom-loving people, 45th President Donald J. Trump smote a rock with his nine-iron, causing it to spew forth cheap, clean gasoline.
The Department of Homeland Security reportedly shared intelligence with the Catholic Church about a “Night of Rage” following the possible overturn of Roe v. Wade that will target churches and pregnancy centers.
At the outset of the COVID-19 pandemic, policymakers implemented sweeping relief programs to offset the economic shock of lockdowns, layoffs, and shifts in consumer behavior.
In Massachusetts, an enterprising entrepreneur has opened a store called “Let’s Go Brandon.” The North Attleborough store “sells merchandise like hats, shirts, stickers and signs,” as WJAR reports.
In response to the overturning of Roe v. Wade, Green Day frontman Billie Joe Armstrong has announced he will no longer be an American idiot and will instead just be a regular idiot.
In a highly politicized move, the Biden administration’s Department of Justice, headed by Attorney General Merrick Garland, criticized the decision by the Supreme Court to invalidate a New York law restricting concealed carry.
The United States of America has edged closer and closer to the Leftist maxim of "Abortion on Demand" whenever it is demanded, by whomever demands it, but now that ease of operation to alleviate oneself of that nagging little problem has come to a screeching halt.
The Senate passed the most expansive gun control bill in decades Thursday night as 15 Republicans joined every Democrat to advance the bill to the House where it’s expected to pass Friday.


Back to Top